|Research on the Legal Problems about the Enforcement Procedure transformed to the Bankruptcy Procedure
|Place of Conferral
|执行转破产程序 execution-to-bankruptcy conversion procedure 衔接机制 connection mechanism 强化衔接 strengthening the connection 制度构建与完善 system construction and improvement
For a long time, the problem of "difficult execution" and "difficult bankruptcy start-up" has been widely criticized. On the one hand, a large number of unenforceable cases have emerged in the current economy and society, leading to the failure of the enforcement procedure to effectively realize the marketization and legalization of the problem enterprises. At the same time, it has also restricted the work of the people's courts for a long time, resulting in the decline of judicial credibility. On the other hand, due to the influence of the cognition of the parties, the judicial status of the court and other problems, it is difficult to enter the bankruptcy procedure, and then it is difficult to realize the debtor market clearance through the bankruptcy procedure. Under the background of trying to solve the problem of "difficult execution" comprehensively and basically, the Supreme People's Court issued a judicial interpretation to stipulate the execution to bankruptcy system. However, due to the limitations of the system design and the poor connection of the details of the operation procedure, the operation of the "execution" procedure is not smooth, and the implementation effect of the "execution" system has not met the expectations. Therefore, it is of great significance to study and improve the connection between execution and bankruptcy procedures to protect the realization of the individual rights and interests of the parties, promote the solution of the problem of "difficult execution" and "difficult bankruptcy initiation", and at the same time help safeguard the social public interests and ensure the sustainable and healthy development of the market economic environment.
Based on the basic theory of execution to bankruptcy procedure and the problems encountered in the convergence mechanism of execution to bankruptcy procedure in our country, this paper adopts the methods including system analysis, comparative analysis and normative analysis, and points out that the existing problems in the convergence mechanism of execution to bankruptcy procedure are mainly caused by the lack of "convergence" of execution to bankruptcy procedure. The relevant provisions of "holding and breaking" connection should be further refined and improved, and on the basis of clarifying the principle concept of "strengthening connection" and value judgment, the causes of practical difficulties and difficulties in implementing the connection mechanism of bankruptcy procedures should be analyzed and discussed. This paper deconstructs the problems faced by the convergence mechanism of the execution-to-bankruptcy procedure from the perspectives of the efficiency principle, the justice principle and the good faith principle of "strengthening convergence". On the basis of the foregoing, this paper puts forward some suggestions and ideas on the overall improvement of the convergence mechanism of the execution and transfer of bankruptcy proceedings in China. Through the analysis and sorting of the willingness of the participants to start the process of "holding and breaking", it is clear that the implementation of the process of bankruptcy in our country needs to build a start-up mode with the principle of parties and the principle of authority as the auxiliary; Clarify the review standards for the execution of the case, dredging the implementation of the bankruptcy start-up system obstacles, improve the participation in the distribution system and end the implementation of the system; Put forward the establishment of personal bankruptcy system, through the implementation of the transfer of bankruptcy procedures to promote the implementation of natural persons can not solve; Strengthen the coordination between the bankruptcy court and the enforcement court to enhance professionalism; To improve the mechanism of the connection between the execution and the conversion of bankruptcy proceedings and other measures, so as to give full play to the value of the execution and conversion of bankruptcy proceedings, and then solve the problem of "difficult to execute" and "difficult to start bankruptcy", and promote the healthy and orderly development of our market economy and the construction of the rule of law.
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|法学 - 法律 - 法律（非法学）
|王晓龙. 执行转破产程序衔接机制法律研究[D]. 兰州. 兰州大学,2023.
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